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The Iowa L Aw Y Er July 2018 V 78 N 6 THE IOWA L AW Y ER JULY 2018 V 78 N 6 New president’s first letter: On relationships PAGE 5 A review of the recent amendments to Iowa’s Dramshop Act ALSO THIS ISSUE IN PAGE 14 Cross-examination: The art of lost opportunity PAGE 26 2018 Annual Meeting in review Cindy Moser receives ISBA Award of Merit PAGE 9 Protect Your Client’s Success with MVS McKee, Voorhees & Sease, PLC (MVS) is an Intellectual Property (IP) boutique law firm located in Des Moines, Iowa. Being a boutique firm allows us to focus exclusively on helping clients worldwide to obtain and protect their IP rights through patents, trademark and copyright registrations, licensing, litigation, and regulatory law. From Heidi Nebel protecting Agricultural Innovation in plant and animal genetics, and Brandon Clark supporting artists and musicians through copyrights and media law, to Christine Lebron-Dyke- man filing trademark applications, and Luke Mohrhauser facilitating design patents, intellectual property is what MVS attorneys have been recommended to handle on countless occasions by general counsel, both overseas and here in the United States, since the firm’s inception almost a century ago. If your client has an idea or business vision, the attorneys at MVS will be happy to speak with them to discuss their IP needs for business success. Visit us online at ipmvs.com or call our office at (515) 288-3667. Your Worldwide IP Partner Since 1924™ PATENTS • TRADEMARKS • COPYRIGHTS & ENTERTAINMENT • REGULATORY • LITIGATION • LICENSING • TRADE SECRETS The official publication of The Iowa State Bar Association. EDITORIAL TEAM Volume 78 Editor-in-Chief Contributing Editor Number 6 Melissa Higgins Virginia Sipes, J.D. July 2018 515-697-7896 515-697-7897 [email protected] [email protected] Copy Editor General Inquiries Steve Boeckman Contents 515-243-3179 515-697-7869 [email protected] [email protected] THE IOWA LAWYER (ISSN 1052-5327) is published monthly except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. POSTMASTER Send address changes to The Iowa Lawyer Magazine, 625 East Court Avenue, Des Moines, Iowa, 50309-1904. Members can contact the membership department to change their address by emailing membership@ iowabar.org. PRINTER The Iowa Lawyer Magazine is printed by Colorfx, 10776 Aurora Avenue, Des Moines, Iowa, 50322. Telephone 515- Board of Governors 270-0402. Design and Production: Mittera Creative. 22 Annual Meeting During the ISBA Annual ADVERTISING Meeting in Des Moines, CLASSIFIED. Qualifying ISBA members receive two free Features members of the ISBA Board non-job listings annually as a member benefit. Members of Governors held their 2018 ISBA Annual June meeting. Read what should contact the ISBA Communications Department for 7 Meeting in pictures was discussed and decided. ad placement. Non-member classified ad rate is $110 at 125 Nearly 550 attorneys Cross-examination: The art words per listing. See classified section for further details. attended the 2018 Annual 26 of lost opportunity Meeting, which featured For most lawyers, cross-ex- DISPLAY. Display advertising in The Iowa Lawyer more than 25 educational Magazine is handled by Larson Enterprises, 909 50th tracks and plenty of oppor- amination is, at best, a lost tunities to socialize. opportunity and at its worst, a Street, West Des Moines, Iowa, 50265. For display self-inflicted wound (an article advertising and non-member classified advertisement Moser receives 2018 by Senior Judge Robert Blink). 9 Award of Merit rates, contact Alex Larson at 515-238-4406 or alex@ Spotlight on Service: Sioux City attorney Cynthia 30 larsonent.com. Moser received The Iowa BrownWinick State Bar Association’s SUBMISSIONS highest honor bestowed on The Iowa State Bar Association seeks to publish original an individual -- it’s Award of Merit -- at the annual Columns articles that advance the education, competence, President’s awards gala. ethical practice and public responsibility of Iowa 40-year veteran of Iowa Legal 5 President’s Letter lawyers. Members are encouraged to submit articles 10 Aid receives Rolland Grefe and manuscripts to the editor for possible publication. About the Cover Pro Bono Publico Award 12 YLD President’s Letter Submissions should be no longer than 1,500 words, Long-time Iowa Legal Aid 12 Kudos although exceptions can be made. Footnotes should be Outgoing Iowa State Bar Executive Director, Dennis Groenenboom, received the Transitions kept to a minimum. Include a short bio of the author(s) Association President Steve Eckley Rolland E. Grefe Pro Bono 13 and professional photo(s) when submitting. NOTE: Not is pictured with Sioux City attorney Publico Award during the annual awards gala. 18 CLE Information all submissions are guaranteed publication. The editors Cindy Moser, after the ISBA Annual and bar leaders review all submissions to a make a A review of the recent 25 Thanks to Speakers determination of suitability for publication. Email all Awards Gala on Wednesday night, 14 amendments to Iowa’s Classifieds submissions to [email protected] in June 20. At the gala, Moser was Dramshop Act 28 Microsoft Word format. awarded The Iowa State Bar This article highlights the recent statutory amend- 29 In Memoriam Association’s Award of Merit. Read STATEMENTS OR OPINIONS ments and considers their more about her commitment to the relative implications on the The statements and opinions in this publication are administration of Iowa’s those of the authors and not necessarily those of The bar association and contributions to dram law. In Brief Iowa State Bar Association. Readers should consult the legal profession on page 9. Meet the 2018-2019 new 4 ISBA Business Law original sources of authority to verify exactness. 20 ISBA Board of Governors Practice Manual Advertising in this publication does not constitute and Chairs Now Available endorsement of a product or service unless Learn about the eight 50-year members honored, Board of Governors mem- 11 specifically stated. bers assuming leadership and Supreme Court roles in 2018-2019, as well Attorney Awards as multiple new section and committee chairs. 17 LSA Legislative Summary THE IOWA LAWYER 3 JULY 2018 The Iowa State Bar Association In Brief 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT Tom Levis W. Des Moines 515-274-1450 [email protected] PRESIDENT-ELECT Willard Boyd III Des Moines 515-283-3172 [email protected] VICE PRESIDENT ISBA BUSINESS LAW PRACTICE Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] MANUAL NOW AVAILABLE SECRETARY Dwight Dinkla Des Moines 515-697-7867 [email protected] The Iowa State Bar Association is pleased to present IMMEDIATE PAST PRESIDENT the 2018 edition of the Business Law Practice Manual. Stephen R. Eckley Des Moines 515-283-4637 [email protected] The two-volume manual is a project of the Business DISTRICT GOVERNORS Law Section Council of The Iowa State Bar Association. DISTRICT 1A Chris Even Dubuque 563-589-0830 [email protected] You may purchase either hard copy or electronic-only. Daniel Fretheim Dubuque 563-382-2959 [email protected] The electronic version has been enhanced to include DISTRICT 1B Fastcase hyperlinks for all cases and most references Shannon Simms Waterloo 319-291-6161 [email protected] Heather Prendergast Waterloo 319-234-4600 [email protected] to the Iowa Code or related secondary material. DISTRICT 2A Matthew F. Berry Clear Lake 641-357-7296 [email protected] TABLE OF CONTENTS - VOLUME I Patrick Vickers Greene 641-823-4192 [email protected] Business Organizations Update DISTRICT 2B The Iowa Business Corporation Act: The 2013 and Victoria Feilmeyer Ames 515-956-3915 [email protected] 2014 Amendments Jerry Schnurr III Fort Dodge 515-576-3977 [email protected] Articles of Incorporation Bethany Currie Marshalltown 641-421-0990 [email protected] Sample Bylaws DISTRICT 3A Jill Davis Spencer 712-262-1150 [email protected] Completing the Organization Under the Iowa John M. Loughlin Cherokee 712-225-2514 [email protected] Business Corporation Act DISTRICT 3B Duties, Liabilities and Indemnification of Directors Maura Sailer Denison 712-263-4627 [email protected] Special Shareholder Concerns in the Closely James Daane Sioux City 712-252-2424 [email protected] Held Corporation DISTRICT 4 Sample Provisions Shareholder Agreement Kathleen Kohorst Harlan 712-755-3156 [email protected] Robert Livingston Council Bluffs 712-322-4033 [email protected] Sample Stockholder Buy-Sell Agreement DISTRICT 5A Dissolution of A Corporation Pursuant to the Iowa Mason Ouderkirk Indianola 515-961-5315 [email protected] Business Corporation Act Daniel Huitink Pella 641-621-8130 [email protected] Professional Corporations DISTRICT 5B Nonprofit Corporations Roberta Chambers Corydon 641-870-0108 [email protected] Nonprofit Corporation Articles of Incorporation DISTRICT 5C Nonprofit Corporation Bylaws Emily Chafa Johnston 515-986-0914 [email protected] Joseph Happe Des Moines 515-288-2500 [email protected] Charitable Organization Reporting Requirements Margaret A. Hanson Des Moines 515-246-7957 [email protected] Limited
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